A convoluted mess......?
Hello All.
I will only present a rough outline here to begin with, I will furnish further details if or when they are required.
It began when I sold a second-hand synthesizer on Ebay. I described it as "pristine" as that's the condition it was in. It was snapped up almost immediately.
Some days later - about 2 weeks - I received a notification from Ebay that the buyer of the instrument had opened a case of "goods not as described" - stating that he'd emailed me previously to make me aware of the problem. He had not, otherwise Ebay would have a record of such a message.
Anyway, despite much to-ing and fro-ing on the Ebay resolution centre, eventually Ebay found in my favour, although refused to remove his feedback comment that "I'd lied to Ebay" on the grounds that it didn't breach their policy. (Is that statement not Defamatory?)
Also, during the resolution process, he also (to my mind) issued a threat, although on a scale of 1 to 10, the Police informed me it was a "1". Surely though, isn't perception of a threat subjective?
However, not long after Ebay closed the case, the buyer returned the instrument to me - my neighbours accepted the delivery as I was out - I would have refused to accept it had I been at home. As I have no intention of opening it, (it doesn't belong to me), I have no idea what the situation is or what's inside the box. On advice from the C.A.B., I wrote to the buyer via recorded delivery telling him he has 28 days to arrange pickup of his property, otherwise I will drop it at the local Police Station along with a note of his name and address. I followed this up (after I'd confirmed delivery of letter) with an email containing identical letter.
I have everything appertaining to this printed out, and would be happy to furnish further details to any interested parties.
Many thanks.
Hi Mad_Pianist, What exactly
Hi Mad_Pianist,
What exactly is your question?
I am a Legal Advisor employed by Sarginsons Law and specialise in Civil Litigation matters. I deal with disputes between individuals and businesses including Landlord and Tenant issues, debt recovery and property disputes.
Telephone 02476 553181
Hello Gerard. Many apologies
Hello Gerard.
Many apologies - it appears that I didn't actually ask a question.
In your opinion, do the words "and lied to Ebay" printed for all to see in my Ebay feedback constitute defamation?
If this person were considering Court action say, through the small claims court, wouldn't he want to retain the instrument for "evidence"?
Regards.
Hi Mad_Pianist, Sorry for the
Hi Mad_Pianist,
Sorry for the slight delay in responding to your question.
The words "and lied to ebay" may well amount to a defamatory statement if you could prove on the balance of probabilities that you did not lie to ebay. Whether it would be worth bringing an action against for defamation is another question. On the facts as you have outlined them you would be probably only be awarded a nominal sum by way of damages if you were successful.
If the purchaser wanted to take you to the small claims court alleging that you had sold him an item that was not as described and that on this basis he wanted to rescind the contract and get his money back he would need substantial evidence to back up his claim. I would therefore think that he would need to keep the item so that it could be used in evidence in any claim against you.
I am a Legal Advisor employed by Sarginsons Law and specialise in Civil Litigation matters. I deal with disputes between individuals and businesses including Landlord and Tenant issues, debt recovery and property disputes.
Telephone 02476 553181
I believe Gerard is
I believe Gerard is correct.
The statement is potentially defamatory but actions of this sort are notoriously expensive and difficult.
I would try one more time to have the remark removed but if that proves impossible I would not recommend further action.
You might find this interesting but note that the case referred to is in the USA. There is no indication of the outcome.
The deal has been completed.
You did not solicit the return of the goods.
You are under no obligation to forward them to any person.
As Gerard says I would just hang on to them in case the buyer sues for the return of his money.
Thank you Gerard and Ian for
Thank you Gerard and Ian for responding.
I am at a loss to understand why this item has been returned to me. There may well be a communication inside the packing box, but as I don't regard it as my property, I will not open it. I have had no communication from the buyer since Ebay dismissed his claim against me.
I wrote to the buyer and followed that up with an email stating I would "look after" the item - unopened - for 28 days after which time I would take it to the local Police Station along with a note of the owner's name and address, (as advised by the C.A.B.).
In retrospect, I'm not convinced the Police would wish to be involved. Do you have any thoughts on this?
Regards.
I would be amazed if the
I would be amazed if the police would want to become involved. This is essentially a contract dispute and therefore a civil matter.
Personally speaking I can't see why you wouldn't open the item if you suspect that it is the synthesizer. It won't make any difference in any pending civil claim. If you open it and it is the synthesizer at that point simply email the buyer (keep a copy of the email) and ask him why he has returned the item to you? You should also state that as far as you are concerned the contract has been concluded as agreed and therefore the item belongs to the buyer and you will be happy to send it back to him if he pays the associated shipping costs.
I am a Legal Advisor employed by Sarginsons Law and specialise in Civil Litigation matters. I deal with disputes between individuals and businesses including Landlord and Tenant issues, debt recovery and property disputes.
Telephone 02476 553181
If you read a copy of what
If you read a copy of what was said in Ebay's resolution centre, you may see why I'm a little reluctant to have any contact at all with this person.
I'll gladly send you a copy if you wish.
Regards.
It would probably be best to
It would probably be best to simply draw a line under the whole episode then. If you haven't received any type of communication from the court confirming that the buyer has issued a small claim against you either send the item to the buyer again via a signed for method or put the item in your loft and forget about the whole experience unless the buyer contacts you.
I am a Legal Advisor employed by Sarginsons Law and specialise in Civil Litigation matters. I deal with disputes between individuals and businesses including Landlord and Tenant issues, debt recovery and property disputes.
Telephone 02476 553181
That sounds like sound
That sounds like sound advice, Gerard.
Many thanks.